Des Moines Nursing Home Abuse Attorneys
Legal Protection for Vulnerable Victims
As medical science evolves, people are living longer than ever before. As a result, the population of nursing homes and care centers throughout the country are steadily increasing. Unfortunately, some of these institutions place profits over resident care and are therefore understaffed. This leads to dangerous conditions for residents, the most tragic being the neglect or abuse of residents by nursing home staff. Victims of this type of abuse and their families may be able to file a claim and seek damages for their injuries.
If one of your loved ones has suffered at the hands of nursing home staff, contact LaMarca Law Group, P.C. to enlist the help of an experienced Des Moines nursing home abuse lawyer. Our attorneys serve the Des Moines area and all of Iowa with exceptional legal representation and a dedication to protect the rights and dignity of the elderly.
Call (515) 705-0233 for more information.
Types of Nursing Home Abuse
Nursing home abuse can take many forms, including physical, emotional, psychological, and financial.
Common acts and indications of nursing home abuse include:
- Improper care, poor hygiene, and skin care resulting in bedsores
- Malnutrition and dehydration
- Negligent acts or omissions resulting in falls or fractures
- Use of chemical or physical restraints beyond what is medically necessary
- Undue influence over the resident’s finances
- Intentional infliction of physical harm or unexplained injuries
Detecting and Reporting Nursing Home Abuse
Since many residents of nursing homes and care facilities are either too intimidated or physically impaired to report mistreatment, it is especially important for family members and friends to be vigilant in detecting and promptly investigating warning signs such as sudden changes in mental state, unexplained bruises or other injuries, bedsores, and unexplained weight loss. Visible injuries should be photographed and documented. At LaMarca Law Group, P.C., our Des Moines nursing home abuse attorneys have years of experience in nursing home litigation in Iowa. Contact us today at (515) 705-0233 to get the legal help you need.
Protecting Nursing Home Residents
Fortunately, there are many informational resources available to caring families to help make the best choices for long-term care of their loved ones. There are also organizations, as well as state and federal laws, devoted to preventing nursing home abuse.
Nursing Home Abuse Resource
The following websites contain information that can be helpful for families that are in need of long-term care or want to become better educated about the potential risks of placing a loved one in a nursing home or other type of care facility:
- The Nursing Home Abuse and Neglect Resource Center
- National Citizens Coalition for Nursing Home Reform
- The National Center on Elder Abuse
- The Coalition to Protect America’s Elders
- Elder Life Planning
- Nursing Home Advocates
- The U.S. Administration on Aging
You can also speak to a lawyer to get answers to any specific questions you may have.
Regulatory Protection of Nursing Home Residents
Unfortunately, despite efforts to prevent abuses, many nursing home residents are at risk due to understaffing and budget cuts. Nursing home residents continue to suffer serious personal injury. Because of these abuses, the federal government has adopted, as part of the Omnibus Budget Reconciliation Act (OBRA), many regulations to protect nursing home residents. Additionally, both Iowa and Florida have adopted regulatory protections for nursing home residents, including the Older Iowans Act.
How to Prove a Nursing Home Abuse Case
When you are filing a lawsuit for abuse of a loved one living in a nursing home, you must be able to prove that the provider was negligent and caused your family member to be injured.
To be successful, you must prove 4 elements:
- Duty of care: The nursing home had a duty to care for your loved one and act in a reasonable manner.
- Breach of duty: The facility breached this duty in some way, such as by hitting your loved one, failing to provide them with food or water, or failing to monitor them, allowing them to fall.
- Causation: The nursing home provider’s negligence caused your family member’s injuries. Proving this element often requires examining medical records.
- Damages: The breach of duty caused significant damages to your family, including injuries, medical expenses, pain and suffering, and more.
Our lawyers can build a solid negligence case using a variety of evidence, such as:
- Video surveillance
- Photographs of your loved one’s injuries
- Eyewitness interviews
- Nursing facility records
- Medical records
- Financial statements
- Mental or medical professionals that act as expert witnesses
When you hire a lawyer, they can take care of gathering all of this evidence while you focus on caring for your loved one.
If you have a loved one residing in a nursing home or care facility and you suspect abuse, contact our attorneys in Des Moines immediately.
Our Attorneys
At LaMarca Law Group, P.C., our attorneys focus on each client’s background, needs, and goals to determine the best course of legal action for you. We devise practical, result-oriented strategies and solutions tailored to accomplish optimal results in every case. We are champions for our clients and strongly believe that you should be able to trust your attorney to be there as an advocate and companion throughout the legal process.
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Our Main Priority is Your Success
Over 100 Years of Successfully Defending the Rights of Iowans
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
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